Saturday, May 09, 2015
SC: Rare Ruling uses "Stand Your Ground" law
Under state law, he not only first has to prove self-defense, but also that he had a right to stand his ground because he was attacked in a place where he had a right to be, including the home, and a right to use deadly force against his attacker.
Swerling said Hood’s order is significant because it is among the first in the state, if not the first, where a judge has issued such a sweeping ruling, finding that multiple sections of the state’s “stand your ground” act applied to a case. He ruled that Boykin was an intruder, not a social guest, and even if she was a social guest, Memmert had a right to use deadly force once she was in fear for her life, Swerling said.
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3 comments:
This ruling deviates from the law and the protection of law the state has to prove otherwise not the victim. If you claim self defense the state has to prove it was not self defense. You do not have to prove your innocence the state has to prove your guilt.
That is not what the constitution says. The state has to prove you guilty, you do not have to prove your innocence.
Found her obit, no photo.
Anyway, she had 5 children.
www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=83680731
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